May v. State
316 Ga. App. 403
Ga. Ct. App.2012Background
- May was convicted by jury of robbery and sentenced to 20 years.
- He timely filed a motion for new trial, amended to challenge sufficiency of the evidence and trial counsel’s effectiveness.
- The trial court denied the motion and May appealed.
- Evidence showed May attacked the victim in his carport, took money, and the victim identified May in and out of a lineup and in court.
- The State argued the evidence satisfied the elements of robbery under OCGA § 16-8-40 (a)(1) and that the defense claims failed under Strickland.
- The appellate court affirmed, addressing insufficiency of the evidence and various ineffective-assistance arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove robbery | May | State | Evidence sufficient under Jackson standard |
| Ineffective assistance of counsel claims | May contends multiple deficient acts prejudiced trial | State | No prejudice; defenses deemed strategic or insufficiently evidentiary to show deficient performance |
Key Cases Cited
- Gordon v. State, 294 Ga. App. 908 (Ga. App. 2008) (standard for reviewing sufficiency post-conviction)
- Rankin v. State, 278 Ga. 704 (Ga. 2004) (sufficiency analysis; credibility for jury)
- Williams v. State, 277 Ga. 853 (Ga. 2004) (reasonable-strict-Stripland framework; trial strategy)
- Fuller v. State, 277 Ga. 505 (Ga. 2004) (two-prong Strickland inquiry; prejudice focus)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (review of trial court findings; de novo legal review)
- Kelly v. State, 267 Ga. 252 (Ga. 1996) (severance prejudice; burden on movant)
- Turner v. State, 245 Ga. App. 294 (Ga. App. 2000) (evidence of trial strategy not deficient performance)
- Ingram v. State, 286 Ga. App. 662 (Ga. App. 2007) (without trial testimony, presumption of strategy)